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Eviction is the process of removing a tenant from a property, usually by the landlord. The eviction process in NC in 2022 follows a structured path; it’s not just a whim of the landlord. There should be a notice that warns a tenant that eviction is looming.

The most common reason for eviction is the nonpayment of rent. A tenant who fails to pay rent is usually given time to pay, along with a warning that failure to do so will result in an eviction case. When the tenant continues to neglect payment, then a North Carolina Eviction Notice will be sent.

Here are the following situations that warrant an eviction notice in North Carolina:

  • Nonpayment of rent
  • Breach of the lease agreement
  • Criminal activity/activities on the premises
  • End of a lease agreement

The occurrence of any of the above situations does not automatically allow a tenant to be summarily evicted. There is a process that every North Carolina landlord needs to follow.

Eviction Process in North Carolina

There may be minor differences in the eviction process in North Carolina’s 100 counties, but the general process is quite similar across the state. There are also situational conditions that may alter the linear process.

North Carolina Eviction Notice Timeline

Start your NC Eviction Notice Now

A landlord cannot evict a tenant on their own. Not only is it potentially dangerous, but also illegal. Here are the general steps to follow in a North Carolina eviction, which the state refers to as a Summary Ejectment in legal terms:

1. Serve the notice

A notice of eviction is a common requirement among all states, as citizens should be given due process. There should be an acceptable reason for sending the notice to prevent abuse of landlord powers. Some landlords may use eviction as a retaliatory move over a previous grudge. Having a formal notice will erase that doubt.

Reasons for eviction could include:

Nonpayment of Rent: This is the most common reason for a quick eviction process. A Notice to Quit should be sent to the tenant stating the amount owed and by when it should be fully paid. This can be given one month or more before the end of the current year of the tenancy (NC Gen Stat § 42-14 (2021)).

In the state of North Carolina, there is no grace period on rent. One day after the due date, rent is already considered late. So if your rent is due on the 1st of each month, paying on the 2nd means you’re already a day late.

However, a landlord is required to give 10 days to the tenant to clear the due rent amount. Failure to comply with payment allows the landlord to proceed to the next step.

Violation of Lease Agreement: There is a reason why stipulations are necessary in the lease agreement. Both landlord and tenant should adhere to their responsibilities and the agreement guidelines. Any tenant violations may merit an eviction unless it was stipulated in the agreement that the tenant has a chance to fix the violation.

Here are some common lease agreement violations:

  • Damage to property
  • Smoking in non-smoking areas
  • Too many residents
  • Bringing pet/s

Illegal Activities: When it comes to illegal activities, the landlord doesn’t have to present the tenant with a notice as long as there is enough evidence that the tenant is involved in such activities.

Some of the illegal activities that merit eviction are as follows:

  • Drug trafficking
  • Trafficking of people
  • Consumption, creation, or distribution of illegal drugs

End of Lease Agreement: Tenants should move out when the lease agreement ends, or an eviction notice will be filed against them. When a tenant continues to stay in the property even after the lease ends, they become a holdover tenant.

2. File a complaint

Know the appropriate justice court where you should file your Summary Eviction complaint. In most cases, it is filed in the North Carolina Small Claims Court. Landlords can ask for a Complaint in Summary Ejectment form, fill it out, and pay the filing fee. Small claims courts charge $96 in filing fees.

3. Serve the summary eviction

The summons and complaint should be served to the tenant. The landlord cannot hand the documents to the tenant. Instead, the sheriff or a process server should serve the documents. Additionally, the documents should clearly state the date and time of the eviction trial. The papers should be delivered within five days from the filing of the complaint.

4. Eviction trial

During the trial, the landlord provides evidence to support their Summary Eviction complaint. Usually, eviction cases or unlawful detainers go through fast-tracked trials so the landlord’s livelihood—property rentals—is minimally impacted.

When the landlord wins, the judge will issue an order to vacate or writ of possession.

5. Eviction

In the final step, law enforcers, armed with a writ of restitution, will implement the writ of possession to recover possession of the subject property.

Start Your North Carolina Eviction Notice

Helpful Resources:
Landlord/Tenant Issues | North Carolina Judicial Branch Small Claims | North Carolina Judicial Branch Using a Process Server in NC | North Carolina Divorce Lawyers

FAQs

  • How long is the eviction process in North Carolina?

    A landlord may have to wait a maximum of 100 days before they can fully regain possession of their property. The issuance of an official notice can run from two to 30 days. This is followed by the issuance and serving of the Summons and the Eviction Complaint, which takes another five days.

    The tenant may file for an appearance, which could go for 20 days, and the eviction hearing may last a maximum of 30 days. Another two weeks will be for the issuance of a writ of possession and, finally, the return of the rental unit.

  • How Can I get an NC eviction notice?

    You can obtain a NC eviction notice by collaborating with the North Carolina courts and following the procedures listed above. Make sure you prepare the documents correctly and serve the eviction in the correct manner.

  • Can a landlord evict without a court order?

    No. A landlord may be in legal hot water if they don’t go through the North Carolina process of eviction.

Eviction is the process of removing a tenant from a property, usually by the landlord. The eviction process in NC in 2022 follows a structured path; it’s not just a whim of the landlord. There should be a notice that warns a tenant that eviction is looming.

The most common reason for eviction is the nonpayment of rent. A tenant who fails to pay rent is usually given time to pay, along with a warning that failure to do so will result in an eviction case. When the tenant continues to neglect payment, then a North Carolina Eviction Notice will be sent.

Here are the following situations that warrant an eviction notice in North Carolina:

  • Nonpayment of rent
  • Breach of the lease agreement
  • Criminal activity/activities on the premises
  • End of a lease agreement

The occurrence of any of the above situations does not automatically allow a tenant to be summarily evicted. There is a process that every North Carolina landlord needs to follow.

Eviction Process in North Carolina

There may be minor differences in the eviction process in North Carolina’s 100 counties, but the general process is quite similar across the state. There are also situational conditions that may alter the linear process.

North Carolina Eviction Notice Timeline

Start your NC Eviction Notice Now

A landlord cannot evict a tenant on their own. Not only is it potentially dangerous, but also illegal. Here are the general steps to follow in a North Carolina eviction, which the state refers to as a Summary Ejectment in legal terms:

1. Serve the notice

A notice of eviction is a common requirement among all states, as citizens should be given due process. There should be an acceptable reason for sending the notice to prevent abuse of landlord powers. Some landlords may use eviction as a retaliatory move over a previous grudge. Having a formal notice will erase that doubt.

Reasons for eviction could include:

Nonpayment of Rent: This is the most common reason for a quick eviction process. A Notice to Quit should be sent to the tenant stating the amount owed and by when it should be fully paid. This can be given one month or more before the end of the current year of the tenancy (NC Gen Stat § 42-14 (2021)).

In the state of North Carolina, there is no grace period on rent. One day after the due date, rent is already considered late. So if your rent is due on the 1st of each month, paying on the 2nd means you’re already a day late.

However, a landlord is required to give 10 days to the tenant to clear the due rent amount. Failure to comply with payment allows the landlord to proceed to the next step.

Violation of Lease Agreement: There is a reason why stipulations are necessary in the lease agreement. Both landlord and tenant should adhere to their responsibilities and the agreement guidelines. Any tenant violations may merit an eviction unless it was stipulated in the agreement that the tenant has a chance to fix the violation.

Here are some common lease agreement violations:

  • Damage to property
  • Smoking in non-smoking areas
  • Too many residents
  • Bringing pet/s

Illegal Activities: When it comes to illegal activities, the landlord doesn’t have to present the tenant with a notice as long as there is enough evidence that the tenant is involved in such activities.

Some of the illegal activities that merit eviction are as follows:

  • Drug trafficking
  • Trafficking of people
  • Consumption, creation, or distribution of illegal drugs

End of Lease Agreement: Tenants should move out when the lease agreement ends, or an eviction notice will be filed against them. When a tenant continues to stay in the property even after the lease ends, they become a holdover tenant.

2. File a complaint

Know the appropriate justice court where you should file your Summary Eviction complaint. In most cases, it is filed in the North Carolina Small Claims Court. Landlords can ask for a Complaint in Summary Ejectment form, fill it out, and pay the filing fee. Small claims courts charge $96 in filing fees.

3. Serve the summary eviction

The summons and complaint should be served to the tenant. The landlord cannot hand the documents to the tenant. Instead, the sheriff or a process server should serve the documents. Additionally, the documents should clearly state the date and time of the eviction trial. The papers should be delivered within five days from the filing of the complaint.

4. Eviction trial

During the trial, the landlord provides evidence to support their Summary Eviction complaint. Usually, eviction cases or unlawful detainers go through fast-tracked trials so the landlord’s livelihood—property rentals—is minimally impacted.

When the landlord wins, the judge will issue an order to vacate or writ of possession.

5. Eviction

In the final step, law enforcers, armed with a writ of restitution, will implement the writ of possession to recover possession of the subject property.

Start Your North Carolina Eviction Notice

Helpful Resources:
Landlord/Tenant Issues | North Carolina Judicial Branch Small Claims | North Carolina Judicial Branch Using a Process Server in NC | North Carolina Divorce Lawyers

FAQs

  • How long is the eviction process in North Carolina?

    A landlord may have to wait a maximum of 100 days before they can fully regain possession of their property. The issuance of an official notice can run from two to 30 days. This is followed by the issuance and serving of the Summons and the Eviction Complaint, which takes another five days.

    The tenant may file for an appearance, which could go for 20 days, and the eviction hearing may last a maximum of 30 days. Another two weeks will be for the issuance of a writ of possession and, finally, the return of the rental unit.

  • How Can I get an NC eviction notice?

    You can obtain a NC eviction notice by collaborating with the North Carolina courts and following the procedures listed above. Make sure you prepare the documents correctly and serve the eviction in the correct manner.

  • Can a landlord evict without a court order?

    No. A landlord may be in legal hot water if they don’t go through the North Carolina process of eviction.